Title of PresentationMaritime Labour Convention

HOUSTON MARINE INSURANCE SEMINAR

Dinesh TharejaDirector, Management Systems Certification

Houston, TX30 September 2013

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Agenda

ABS’ Role Under the Convention

ABS Experience with the Convention to Date

Regulations Relevant to Insurance

How ABS Can Help

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ABS Role Under the Convention

Recognized Organization (MLC, Regulation 5.1.2) MLC inspections and certification services worldwide on behalf of

the ILO Member States Authorized by over 40 Member States (flag States) to date

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ABS Role Under the Convention

Convention is implemented through National Laws and practice

Ratifying States are obliged to develop, adopt and implement national requirements that give full effect to all provisions of the Convention

The ship operators must comply with the applicable national requirements implementing the Convention, rather than the Convention itself

ABS performs these inspections and certification in accordance with the national requirements of the flag State

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ABS Experience with the Convention

Over 1850 Declaration of Maritime Labour Compliance reviewed

Over 1550 vessels inspected and certified on behalf of Signatory States and Non-signatory States*

– * Note: Article V, Para. 7 has “no favorable treatment” clause which does not allow any favorable treatment to non-signatory States

Maritime Labour Certificates issued on behalf of signatory States

Statement of Compliance (SOC) issued on behalf of non-signatory States unless specified otherwise by the flag State

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Regulations: Insurance Related

Regulation 1.4/Standard A1.4.5, Para c(vi) Failure of the recruitment and placement service or the shipowner

Regulation 4.2/Standard A4.2/Guidelines B4.2 Medical insurance Disability insurance Financial security Loss of wages

Regulation 4.5/Guidelines B4.5.2 Social Security, where provided under national law

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How ABS Can Help

Surveys and Inspections Review of accommodation plans for

compliance with design and constructionrequirements under Reg. 3.1

Accommodation surveys under ILO 92/133 or MLC, Reg. 3.1

Review of Declaration of Maritime Labour Compliance

MLC inspections onboard for seafarers working and living conditions

Over 250 MLC Inspectors worldwide

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How ABS Can Help

Training ABS Academy

– Public courses

– Client specific courses

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How ABS Can Help

Software ABS Nautical Systems NS5 Software

for recordkeeping and demonstrating compliance with the Convention

Areas covered by NS5– Crew manning levels (Reg. 2.7),

Qualification requirements (Reg. 1.3), Crew medical requirements (Reg. 1.2), Age of crew members (Reg. 1.1), Payment of wages (Reg. 2.2), Entitlement to leave (Reg. 2.4), Health and safety and accident prevention (Reg. 4.3), Accommodation and recreational facilities inspections (Reg. 3.1), Food and catering inspections (Reg. 3.2)

– Tracking document approvals and acknowledgements

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Summary

All “ships” trading internationally are subject to Port State Inspection regardless of the ratification by the flag State

MLC is considered a prima facie evidence of compliance

A ship without a certificate may be subject to detailed inspection by the Port State Control and may be detained

Shipowners must demonstrate financial security as per national requirements

ABS stands ready to help the industry with training, inspections and certification requirements

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Houston Marine Insurance Seminar

48th Anniversary

WELCOME

www.houstonmarineseminar.com

Houston Marine Insurance Seminar

48th Anniversary

WELCOME

www.houstonmarineseminar.com